The appeals court has ordered, last Tuesday, to review the punishment given to a former Wal-Mart executive for his fraud case. The offender, Tom Coughlin, was sentenced to home detention but the prosecutors contended that U.S District Judge Robert T. Dawson disregarded the weight of the defendant’s crime and focused more on his status in the community.

Los Angeles, CA -- (ReleaseWire) -- 09/06/2007 -- The 8th U.S. Circuit Court of Appeals has made their ruling that the 27-month home detention and 33-month probation period punishment to Coughlin was too light.

The appeals body's split decision stated that the offender's social authority and connections, complimented by his corporate influences, aggravate the basis of his fraudulent acts to his own company as well as other U.S. businesses.

Coughlin, who has retired last January 2005, has served Wal-Mart Stores Inc., which was considered as the world's largest retailer chain, for twenty-eight years of service. In his stay at the company, he was able to reach the second highest position and was able to gain the trust of company founder Sam Walton.

Months after his retirement, Coughlin was accused of disbursing Wal-Mart finances and gift cards for his personal use. The company's Bentonville based store said that he has managed to use the money for his hunting trips, dog trainings, clothing, liquor and car works.

In January 2006, the accused accepted his fault on the charges that were filed against him before the court judge. In his decision, Judge Dawson has ruled out a five-year probation verdict for Coughlin after mentioning about his noble community works and not so good health conditions. This sentence included a 27-month detention at home. He was also asked to pay the fine of $50,000 and $411,218 in restitution to Wal-Mart.

However, the penalized executive was permitted to have medical appointments with his doctors and to attend Sunday church services.

The punishment given to Coughlin does not fall within the range of reasonableness, Judge William Riley has affirmed. He further stated that the amount of restitution should include interest. Dawson made a mistake in affirming that the offender could not afford to pay it since Coughlin's net worth was estimated to be at around $50,000.

On the contrary, Judge Kermit Bye supported Dawson's decision and said that the sentence was justifiable because of Coughlin's poor health conditions.

For further details about fraud cases, you may log on to our Expert Los Angeles Attorneys website.

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Robert Bowden, beneficiary of Zora Bowden who was hit by a car while backing out from a parking lot of a grocery store and rushed to the Christus St. Elizabeth Hospital in Texas but died a few days after the incident due to subdural hematoma, charged the hospital and Zora's attending physicians of wrongful death suit. Bowden filed the lawsuit with the Jefferson County District Court on August 13.

Los Angeles, CA -- (ReleaseWire) -- 09/05/2007 -- Zora Bowden died of blood collecting on the surface of the brain or as said, subdural hematoma. According allegations by Bowden, if Drs. Kandasmi Senthilkumar and Kenneth Wilgers who were the attending physicians for Zora, did not wait long enough to conduct a CT scan she would not have died.

According to an account from the original petition of Bowden, as the plaintiff, regarding the circumstances of Zora's death, she was admitted to Christus immediately after the car hit her on August 20, 2005.

The next day after her admittance, a neurology consult was ordered since the patient had a decreased level of consciousness, based from the suit. However, Dr. Senthilkumar considered that Zora's change in mental status was the effect of pain medication administered to her. Thus, he put off ordering conduct of CT scan of neither Zora's (Ms. Bowden, according to the lawsuit papers) brain nor any other tests be conducted during that time.

Moreover, the suit also states that the two attending physicians failed to conduct a follow up on Zora's condition for August 22 to 23.

Based from the suit, "Bowden's condition continued to deteriorate. Dr. Senthilkumar saw Bowden once again on Aug. 24 and once again failed to order a CT scan." Subsequently, Dr. Senthilkumar checked on Ms. Bowden again the following day, August 25, 2005, and ordered a CT scan, finally.

The CT Scan then revealed subdural hematoma. However, it was already "too late as Bowden's condition had deteriorated such that surgery would not be of any benefit," based from the suit.

Thus, according to the suit, the defendants' negligence caused Bowden to suffer severe pain and died, ultimately by August 27, 2005.

The suit charged Christus and the attending physicians for Bowden of medical negligence, for allegedly failing to meet the standard of care common and qualified healthcare providers would have done in such cases.

The plaintiff is seeking for the recovery of survival damages because of the mental distress and the anguish experienced by Ms. Bowden directly caused by the mistreatment and negligence alleged in the suit.

Plaintiff is also suing for medical expenses, funeral, burial and other death related expenses incurred and for pecuniary loss.

Expert Los Angeles Attorney and Law Firm - We are very much engaged in handling Personal Injury Cases, Employer-Employee Disputes and Social Security Claims of our clients. Over the years, our law firm has specialized in advocating consumer rights against large insurance companies and defense firms. We have been very successful in reaching very high settlements and verdicts. Visit our website at http://www.expertlosangelesattorney.com

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The lone supplier of epoxy used in the construction of the Big Dig tunnel in Boston, Massachusetts was finally charged in court last Wednesday. This is for providing inadequate adhesives used on bolts to secure the tunnel ceiling of the most ambitious and costly road project in the history of the United States.

Los Angeles, CA -- (ReleaseWire) -- 09/04/2007 -- Attorney General Martha Coakley has announced that Powers Fasteners Inc. was formally indicted in court with one count of involuntary manslaughter. Allegedly, the adhesives company, which was based in Brewster, N.Y., was charged by the Suffolk County grand jury because of the said intentional supply of such poor products.

In a report that was released, the state asserted that company has brought in a sub-standard mixture, "Power-Fast Fast Set", rather than the "Power-Fast Standard Set" that hardens longer but can hold up the ceiling of the tunnel. Coakley said that if only the standard variety was used, this accident would not have taken place. However, further investigations are still on going to establish the lawsuit, she added.

Meanwhile, the president of the indicted adhesives company, Jeffrey Powers, declared that his firm was being judged unfairly. The company denied the allegation and said that they never knew that the "fast-set" had been applied. They also reiterated that their project managers hindered the company engineer to determine why the tunnel ceiling was tripping.

Powers also expressed that the only reason the company was sued was that "unlike others implicated in this tragedy, we don't have enough money to buy our way out''

On the other hand, it is said that Powers has independently supplied the entire amount of epoxy for the project worth $1,287.60. Hence, if they were able to convict the company, it would have to pay a fine of not more than $1,000, which is the set penalty for a company culpable of manslaughter in Massachusetts, AG Martha Coakley stated.

This particular case does not involve any person but Coakley admitted that the doors for possible indictments against individuals might be filed in the future. She further affirmed that Big Dig project manager Bechtel/Parsons Brinckerhoff along with the other companies engaged in the project might still be prosecuted.

Likewise, the victims' daughter, Racquel Ibarra Mora, commended the decision to indict Powers. She then acclaimed the efforts of AG Coakley in prosecuting the parties liable for the death of their mother. She is also hopeful that the indictment was the start of obtaining justice.

Expert Los Angeles Attorney and Law Firm - We are very much engaged in handling Personal Injury Cases, Employer-Employee Disputes and Social Security Claims of our clients. Over the years, our law firm has specialized in advocating consumer rights against large insurance companies and defense firms. We have been very successful in reaching very high settlements and verdicts. Visit our website at http://www.expertlosangelesattorney.com

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